BOOKSHELF

Berkeley Law faculty are prolific authors. Here’s a sampling of their many recent or forthcoming books.

KATHRYN ABRAMS Open Hand, Closed Fist: Practices of Undocumented Organizing in a Hostile State

UNIVERSITY OF CALIFORNIA PRESS, 2022 How does a group that lacks legal status organize its members to become effective political activists? Drawing on years of observation and interviews, Abrams tracks how undocumented activists resisted Arizona’s effort to drive them out — and how storytelling, emotion cultures, and performative citizenship bolstered the grassroots movement.

ERWIN CHEMERINSKY Worse Than Nothing: The Dangerous Fallacy of Originalism

YALE UNIVERSITY PRESS, 2022 Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation, with three of the Supreme Court’s nine justices explicitly embracing it. Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation.

ERWIN CHEMERINSKY Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights

W.W. NORTON, 2021 Police are nine times more likely to kill African-American men than they are other Americans. In this book, Chemerinsky argues this is no accident, but rather the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects — especially people of color — are guilty before being charged.

Federal Courts in Context ERWIN CHEMERINSKY AND SETH DAVIS [CO-AUTHORS WITH FRED O. SMITH, JR. AND NORMAN W. SPAULDING] Federal Courts in Context

FORTHCOMING 2022 This casebook takes a novel approach to the law of federal jurisdiction, beginning from the premise that the federal courts course trains future leaders in the profession and its content is tied in fundamental ways to the legacies of slavery, colonization, the labor movement, and other tectonic shifts in American law and society. The structure of federal court jurisdiction, epicycles of reform and retrenchment, and the moral stakes of the doctrine come into much sharper relief when the course is contextualized in this way. The course also becomes more intellectually engaging, inclusive, and responsive to the demands of a diverse 21st century profession by foregrounding these concerns rather than leaving them implicit. The book achieves this by framing the doctrine with clear explanations of the histories and practical consequences of federal courts doctrines.

JOHN COONS School Choice and Human Good: Why All Parents Must Be Empowered to Choose

AUTHOR SOLUTIONS INCORPORATED, 2021 The legendary law professor, now 92, reflects on the implications of the school choice debate with observations about what’s happening in Florida, where choices abound. Coons wrote a seminal 1978 book on the need for private school choice in the United States for children of lesser means, and continues his advocacy here.

HOLLY DOREMUS [CO-EDITOR WITH H. JORDAN DIAMOND AND HEE CHEOL YANG] Common Currents: Examining How We Manage the Ocean Commons

BRILL, 2022 The oceans are both a global commons and a collection of individuated resources controlled by coastal nations. The lines between common and individuated resources are fuzzy, both geographically and in the sense that ocean resource management regimes often include elements of both. The contributions in this volume originate from a conference organized by the Law of the Sea Institute at Berkeley Law and the Korean Institute of Ocean Science and Technology. They explore the extent, limits, consequences, and future of the global ocean commons.

MELVIN A. EISENBERG Legal Reasoning

CAMBRIDGE UNIVERSITY PRESS, 2022 The common law, which is made by courts, consists of rules that govern relations between individuals, such as contracts and torts (the law of private wrongs). Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.

DANIEL A. FARBER Contested Ground: How to Understand the Limits of Presidential Power

UNIVERSITY OF CALIFORNIA PRESS, 2021 The same rules must apply to all presidents: those whose abuses of power we fear, as well as those whose exercises of power we applaud. In this brief but wideranging guide to the presidency, Farber, a constitutional law expert, charts the limits of presidential power, from the fierce arguments among the Framers to those raging today.

MALCOLM M. FEELEY [CO-EDITOR WITH MALCOLM LANGFORD] The Limits of the Legal Complex: Nordic Lawyers and Political Liberalism

OXFORD UNIVERSITY PRESS, 2021 This book provides a new application of Nordic exceptionalism in the field of legal politics and shows the dynamic relationship between Nordic lawyers/judiciaries and European judiciaries.

CHRIS JAY HOOFNAGLE Law and Policy for the Quantum Age

CAMBRIDGE UNIVERSITY PRESS, 2021 Quantum technologies are expected to "change the world," but what will they actually mean for countries and their citizens? The authors unpack the genesis of quantum information science, and the exciting resulting technologies such as quantum sensing, computing, and communication. This groundbreaking book explains how these technologies work, how countries will likely use them for future national defense, how companies may or may not profit from them, and why we should begin planning for their profound consequences.

Graphic: Meaning and Trauma in Our Online Lives

Current Issues in American and Taiwanese Law: Comparative Perspectives ALEXA KOENIG [CO-AUTHOR WITH ANDREA LAMPROS] Graphic: Meaning and Trauma in Our Online Lives

CAMBRIDGE UNIVERSITY PRESS, FORTHCOMING 2023 The video of George Floyd's murder is not the first viral image to capture the world’s attention and it won’t be the last, but it marks a moment in the history of graphic content and raises the question of when, how — and even if — we should be watching what others post online. This book draws upon the experiences of those who work closely with user-generated content to help answer these questions and make sense of this moment.

LAURENT MAYALI [CO-AUTHOR WITH KUAN-LING SHEN] Current Issues in American and Taiwanese Law: Comparative Perspectives

FORTHCOMING 2022 This book is the culmination of a collaboration between National Taiwan University's College of Law and the Robbins Collection and Research Center at Berkeley Law. The essays included in this volume engage with topics including comparative criminal law, regulatory law, administrative law, the judiciary, and more. These essays were presented at a multiyear series of conferences that brought together scholars from both universities.

Patent Case Management:

A Comprehensive Guide for District Court, ITC, and PTAB Litigation PETER S. MENELL [CO-AUTHOR WITH ALLISON A. SCHMITT] Patent Case Management: A Comprehensive Guide for District Court, ITC, and PTAB Litigation

LEXIS, FORTHCOMING 2022 This book provides a comprehensive and integrated explanation and analysis of the ways in which federal district courts, the International Trade Commission, and the Patent Trial and Appeal Board can effectively manage patent cases. It promises to be a vital tool for judges and their law clerks, practitioners, in-house counsel, patent law scholars, and law students.

ROBERT P. MERGES American Patent Law: A Business and Economic History

CAMBRIDGE UNIVERSITY PRESS, 2022 This book is a comprehensive history of the U.S. patent system from 1790, with an emphasis on how patents have been used by private enterprise for the pursuit of business goals. It highlights how Congress and the courts have adapted patent rules to support socially beneficial business practices, and tried (at times successfully) to modify those rules to re-channel investment and effort away from socially harmful practices, such as extortionate litigation.

MARJORIE SHULTZ AND DAVID B. OPPENHEIMER [COAUTHORS WITH MICHAEL K. BROWN, MARTIN CARNOY, ELLIOTT CURRIE, TROY DUSTER, AND DAVID WELLMAN] Whitewashing Race: The Myth of A Colorblind Society (Second Edition)

UNIVERSITY OF CALIFORNIA PRESS, FORTHCOMING 2023 This updated edition of the classic work includes the most recent evidence, including the racially disparate effects of the COVID-19 pandemic. While some progress has been made, the authors argue that real racial justice can be achieved only if we actively attack and undo pervasive structural racism and its legacies.

Other Works

AARON EDLIN [CO-AUTHOR WITH PHILLIP AREEDA, LOUIS KAPLOW, AND SCOTT HEMPHILL] Antitrust: Problems, Text, and Cases, 8th ed.

ASPEN, 2021

SETH DAVIS [CO-AUTHOR WITH NELL NEWTON ET. AL.] Cohen's Handbook of Federal Indian Law

LEXISNEXIS, FORTHCOMING 2023

MELVIN A. EISENBERG Modern Contract Law

WEST ACADEMIC, FORTHCOMING 2023

2021 Supplement to Business Organizations, Cases and Materials

WEST ACADEMIC, 2021

MELVIN A. EISENBERG [COEDITOR WITH STEPHEN J. BURTON] Contract Law: Selected Source Materials Annotated, Expanded Edition

WEST ACADEMIC, 2021

MELVIN A. EISENBERG [COAUTHOR WITH JAMES D. COX] Corporations and Other Business Organizations: Statutes, Rules, Materials and Forms ORIN KERR Computer Crime Law, 5th ed.

WEST ACADEMIC, FORTHCOMING 2023

PETER S. MENELL [CO-AUTHOR WITH MARK LEMLEY, ROBERT P. MERGES, AND SHYAMKRISHNA BALGANESH] Intellectual Property Statutes: 2022

CLAUSE 8 PUBLISHING, 2022

Intellectual Property in the New Technological Age: Volume I - Perspectives, Trade Secrets, and Patents 2022

CLAUSE 8 PUBLISHING, 2022

Intellectual Property in the New Technological Age: Volume II - Copyrights, Trademarks, and State IP Protections 2022

CLAUSE 8 PUBLISHING, 2022

PAUL M. SCHWARTZ [COAUTHOR WITH DANIEL SOLOVE] Privacy Law Fundamentals, 6th ed.

IAPP, 2021

Information Privacy Law, 7th ed.

ASPEN, 2021

AMANDA L. TYLER [CO-AUTHOR WITH WILLIAM BAUDE, JACK L. GOLDSMITH, JOHN F. MANNING & JAMES E. PFANDER] Hart & Wechsler's The Federal Courts and the Federal System, 8th ed.